Missouri Law Enforcement Manual

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MISSOURI LAW ENFORCEMENTJUVENILE JUSTICE GUIDELINES ANDRECOMMENDED PRACTICESJuly 2008Revised February 2009Revised September 2012MISSOURI JUVENILE JUSTICE ASSOCIATIONPromoting justice for children, youth, and familieswww.mjja.org

MISSOURI JUVENILE JUSTICE ASSOCIATIONMISSOURI LAW ENFORCEMENTJUVENILE JUSTICE GUIDELINES AND RECOMMENDEDPRACTICESThis manual has been developed with funding provided by the Juvenile Justice Advisory Group,through the Missouri Department of Public Safety and the Office of Juvenile Justice andDelinquency Prevention (OJJDP).With special assistance fromBeverly Newman, Chief Juvenile OfficerDebra J. G. Wright, Legal CounselSeventeenth Judicial Circuit of Missouri – Juvenile DivisionEditorial BoardVivian L. MurphyExecutive DirectorMissouri Juvenile Justice AssociationVicky ScottJuvenile Justice Program ManagerMissouri Department of Public SafetyKeith WoodDirectorMaryville Department of Public SafetyChris YeagerJuvenile Justice Compliance MonitorMO Department of Public SafetyMarcia HazelhorstSuperintendant, 13th CircuitRobert L. Perry Juvenile Justice CenterCarolyn KampeterDMC CoordinatorMissouri Juvenile Justice Association

For ease of use, this guideline manual has been divided into the followingsections:Chapter I – Overview of the Missouri Juvenile Justice SystemChapter II – Delinquent OffensesChapter III – Status OffensesChapter IV – Child Abuse and NeglectChapter V – Miscellaneous IssuesChapter VI – History and Background of the Juvenile Justice andDelinquency Prevention ActAppendix – Copies of Various FormsKeyword IndexMissouri Law Enforcement – Juvenile Justice Guidelines andRecommended Practices should not be interpreted as legal advice or asubstitute for the advice of an attorney.The information contained herein is general and intended tocommunicate recommended practices and procedures. It is not intendedto be exhaustive or to subvert any supervisory directive, statute,Supreme Court Rule, or local court rule.Since your local Juvenile or Family Court may have additional and morespecific procedures and protocols not included in this manual,clarification regarding local court requirements should be obtained bycontacting the appropriate representative of your local Juvenile or FamilyCourt.Efforts were made to ensure the accuracy of the information containedherein but as the law is ever changing, attention to statutory and caselaw updates may be required.

Table of ContentsIntroduction . 1General Definitions .2Chapter I – The Missouri Juvenile Justice System . 5Components of the System .5Law Enforcement .5Juvenile Office .5Juvenile Court .5Juvenile Detention Facility .6Juvenile Judge .6Missouri Children’s Division .6Division of Youth Services .6Missouri Department of Mental Health .7Missouri Department of Public Safety .7Missouri Juvenile Justice Association .7Private Organizations .7Legal Framework .8Applicable Missouri Juvenile Law .9Chapter 211, RSMo. (Revised Missouri Statutes). The Juvenile Code for the State of Missouri. .9Chapter 210, RSMo. Child Protection and Reformation .9Supreme Court of Missouri – Rules of Practice and Procedures in Juvenile Courts .9The Missouri Criminal Code – A Handbook for Law Enforcement Officers .10Case Law .10Missouri Courts .10Precedence of Orders/Judgments .11Comparison between Adult and Juvenile Systems .12Classification of a Case .14Venue .14Additional Issues Regarding Venue.15Jurisdiction .15Exceptions to the Exclusive Jurisdiction of the Juvenile Court .16Traffic Offenses .16Municipal Curfew Violations .16Tobacco Possession or Use .16Concurrent Jurisdiction .16Age of the Juvenile .17Continuing Jurisdiction.18Exceptions to Continuing Jurisdiction .18Custody Regulations .18Custody Log Sheets .20General Case Management Flowchart .21TABLE OF CONTENTSi

Certification or “Dismissal to Allow Prosecution of Juvenile Under General Law As An Adult” .22Age Misrepresentation .23Dual Jurisdiction .24Chapter II – Delinquent Offenses Recommended Practices . 25Purpose .25Authority .25Missouri Juvenile Code: 211.031.1(3), RSMo. .25Jurisdictional Requirements .26Age .26Residency/Location .26Probable Cause .26Exceptions to the Exclusive Jurisdiction of the Juvenile Court .27Traffic Offenses .27Municipal Curfew Violations .27Tobacco Possession or Use .27Concurrent Jurisdiction .27Areas of Responsibility .28Law Enforcement .28Juvenile Division.29Custody .30Taking a Juvenile into Custody .30Procedure for Taking into Custody .30Release or Detention .32Procedure for Release or Detention .32Issues Relating to Custody .34Right to Be Taken Before the Court .34Sight and Sound Separation .35Searches .35Handcuffing.35Supervision .35Fingerprints/Photographs.35Records .36Interviews and Interrogations .36Recommendations for Interviews and Interrogations .38General Conditions for Interviews and Interrogations .38Juvenile Referral Report/Police Report .39Probable Cause Statement .40Chapter III – Status Offenses . 41Purpose .41TABLE OF CONTENTSii

Authority .42Jurisdictional Requirements .42Age .42Residency .42Probable Cause .42Exceptions to the Exclusive Jurisdiction of the Juvenile Court .43Traffic Ordinance or Regulation .43Curfew.43Tobacco .43Concurrent Jurisdiction .43Areas of Responsibility .44Law Enforcement .44Juvenile Division.44Custody .44Taking into Custody .44Procedure for Taking into Custody .45Detention of Status Offenders .45Procedure for Detention or Protective Custody .45Issues Relating to Custody .46Sight and Sound Separation .46Searches .46Handcuffing.46Supervision .46Fingerprints/Photographs.47Interviews and Interrogations .47General Conditions for Interviews and Interrogations .49Procedural Issues .50Beyond Parental Control .50Runaway .51Behavior and Associations Injurious to Self or Others .52Truancy .53Other Status Offenses under OJJDP Act .53Chapter IV – Child Abuse and Neglect . 55Purpose .55Definitions .55Abuse .55Neglect .55Child .55Emergency Protective Custody .55Judicial Custody .55Temporary Protective Custody .55Protective Custody .55Statute .56TABLE OF CONTENTSiii

Authority .57Custody .57Emergency Protective Custody by Law Enforcement .57Temporary Protective Custody Taken by the Juvenile Officer.56Mandated Reporting .59Categories of Abuse/Neglect .59Physical Abuse .59Sexual Abuse .59Emotional Abuse .60Neglect .60Parent/Custodian Taken into Custody .60Placement Limitations and Conditions .60Restraints .61Physical Placements .61Transport .61Questioning.61Photographs.61Chapter V – General Procedural Issues and Protocol . 62Traffic Offenses .62Driving While Under the Influence of Alcohol/Drugs .62Detention for Traffic Offenses .62Juvenile Offenses at School .64Safe Schools Act .64Juvenile Absconders and Requests to Detain .66Interstate Compact on Placement of Children .66Custody Disputes .69Parental Notification .69Records .69Summons and Child Witnesses .70Juvenile Witness or Victim Statements .70Intervention Resources .71ParentLink WarmLine .71Parent Stress Helpline .71Suicide Hotline .71School Violence Hotline .71Access Crisis Intervention .72Detention Issues.73Places of Detention .73Emancipation .73TABLE OF CONTENTSiv

Immigration Issues .74Drug/Alcohol Testing .74Searches and Search Warrants .75Search Warrants .75School Officials .75Law Enforcement .75Voice Stress/Polygraph Testing .76Right to Counsel .76Tours of Jails/Adult Prisons .76Chapter VI – History and Background of Juvenile Justice and Delinquency Prevention Act . 78Federal Core Requirements.79Section 223(a)(12) – The Deinstitutionalization of Status Offenders .79Section 223(a)(13) – Sight and Sound Separation .79Section 223(a)(14) – Jail Removal .79Section 223(a)(23) – Disproportionate Minority Contact .79Common Questions about Detaining Juveniles According to the Juvenile Justice and DelinquencyPrevention Act .80Appendix. 82Keyword Index . 90TABLE OF CONTENTSv

IntroductionMissouri Law Enforcement personnel play a vital role in the juvenile justice process and often openthe “doorway” to the juvenile system for a young person alleged to have committed an act ofjuvenile misbehavior or delinquent conduct. Law Enforcement personnel also have the weightyresponsibility of intervening on behalf of children subjected to abuse or neglect as part of their dutyto protect and serve. The Missouri Law Enforcement – Juvenile Justice Guidelines andRecommended Practices manual is designed to serve as a handbook for Law Enforcementpersonnel as they respond to those unique and often complex issues of juvenile justice and thewelfare of children.The purpose of this manual is to promote an understanding of the differing legal requirements andphilosophical tenets that exist between the juvenile and adult court systems while offering practicalguidelines and defining best practices to aid Law Enforcement personnel in the performance oftheir duties.The manual is comprised of chapters, each of which includes specific guidance for addressing issuesconcerning law enforcement contact with juveniles. You will find definitions relating to the topic,references to relevant statutes, rules and case law, and the roles and legal requirements for lawenforcement personnel. Located at the end of e

MISSOURI JUVENILE JUSTICE ASSOCIATION MISSOURI LAW ENFORCEMENT JUVENILE JUSTICE GUIDELINES AND RECOMMENDED PRACTICES This manual has been developed with funding provided by the Juvenile Justice Advisory Group, through the Missouri Department of Public Safety and the Office of Juvenile Justice and

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